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HomeMy WebLinkAbout19760517_regularI MINUTES OF THE WGULAR NEETING OF THE EDINA CITY COUNCIL HELD 9Y YAY 17, 1976, AT CITY HALL ?* Answering rollcall were members Courtney, Xichards , Schmidt, Shaw and Mayor .Vaqz Valkenburg . MINUTES of Nay 3, 1976, were approved as submitted by motion of Coudcilman Courtney, seconded by Councilwoman Schmidt. Ayes : Nays: None Motion carried. Courtney, Richards, Schmidt , Shaw, Van Vallcenburg EDINA WEST C.WFIRE GIRLS INTRODUCED senrs eighth grade Edina West Campfire Girls and welcomed them to the meecing. .Mayor Van Valkenburg introduced Mrs. Niel- BARBARA ELAINE PETERSON CONGRATULATED ON BEING CROWNED MISS U.S.A. Councilman Courtney offered the following resolution and moved its adoption: WHEREAS, Barbara Elaine Peterson was crowned Miss U.S.A. on nationwide television in Niagara Falls, New York; and WHEREAS, Barbara Elaine Peterson, a resident of the City of Edina and a gradulate of the Edina school system, has climaxed a career of winning beauty and talent contests, having been chosen Hiss Svenskarnas Dag at the Swedish-American Festival. in 1974; and T4HEREAS, Barbara Elaine Peterson was chosen to reign as Queen of the Lakes in 1974, representing the Minneapolis Aquatennial at the Tournament of Roses in Pasadena, California, and at other festivals throughout the United States; and %?HEREAS, as Miss U.S.A., Barbara Elaine Peterson will compete for the Miss Universe crown in Hong Kong in'June; and WHEREAS, Barbara Elaine Peterson typifies the passage in "Ode to Edina" by poet, Robert Burns, in which he writes: RESOLUTION OF CONGRATULATIONS the "Thy daughters bright thy walks adorn, Sweet as the dewey, %ilk-white thorn, Gay as the gilded summer sky, Dear as the raptur'd thrill of joy!" NOW, congratulations to €or her beauty, personality and charm and for being crowned Miss U.S.A. and for representing the City of Edina in such an exemplary manner; and BE IT FURTEER RESOLVED that the Edina City Council wishes every success to Bar- Sara Elaine Peterson as she competes for the title of Miss Universe, and do name her "Ambassadress of Beauty" for the City of Edina. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and unanimously carried. TKEREFORE, BE IT RESOLVED that the Edina City Council extends its heartiest . BARBARA ELAINE PETERSON WILLLAM WROP CONGRATULATED AS MEMBER OF MONTREATi CANADIENS. Councilman Shaw offered the following resolution and moved its adoption: WHEREAS, Filliam Nyrop was a member of one of the early Edina High RESOLUTION OF CONGRATULATIONS School champ- ionshi? hockey teams, having been a product of the City of Edina Park and Recreat- inn Department hockey program and of the Edina School system hockey program; and WHEREAS, as a university student, Williani Nyrop contributed greatly to the impress- ive record of victories of the Notre mme Hockey Team; T\CEEREAS, Willi2m Nyrop was chosen to become a member of the Montreal Canadiens and, as a part of h5s meteoric hockey career, played well in assisting the Canadiens in the winning of the Stanley Cup, which is emblematic of professional hockey supremacy; XOW, THEREFORE, BE IT RESOLVED that the Edina City Council extend its most sin- cere congratulations to for his outstiznding sportsmanship and abilfty as a hockey player and for the exemplary manner in which he has represented the City of Edina in his many athletic endeavors. Motion for adoption of the Resolution was seconded by Councilman Courtney unanimously carried. I 'WILLIAM mop and NEIL-C. CROONQUIST CONGRATULATED AS WINNER OF AMERICAN SENIOR GOLF TITLEIST. Councilman Richards offered the following resolution and moved its adoption: RESOLUTION OF CONGRATUL4TIONS WHEREAS, Eeil C. Croonquist, a long time resident of the City of Edina, has corn-: peted in numerous golf tournaments; and WHEREAS, Neil Croonquist has won the Minnesota State Anateur and the Interlachen Club Championship numerous times; and 5/17/76 WEREAS, Neil C. Croonquist has won the Alexandria Resorters' Tournament, most recently in 1975; and WHEREAS,; Neil Croonquist has climaxed his golfing career by winning the American Senior G,olf Titleist Touraament in Clearwater, Florida; NOW, THE?LU3FOREY BE IT RESOLVED that the Edina City Council does hereby offer its most sincere congratulations to for his outstanding sportsmanship snd ability as an amateur golfer and for the exemplary manner in which he has repres.ented the City of Edina in his athletic endeavors. Hotion for adoption of the resolution was seconded by Councilman Shaw and carried NEIL C. CROONQUIST unaminous ly . PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. I Due notice having been given, public hearings were conducted and action taken as hereinafter set forth. A. WATERMAIN IMPROVEMENT NO. P-WM-299 IN THE FOLLOWING: All Morningside area presently served by Minneapolis water system Mr. Hyde recalled that the City has been attempting to obtain additional funds SO that the assessment for Watermain P-WM-299 could be reduced. the improvement has been revised from the original proposal to provide as follows: 1. He explained that New 16'' connection to Minneapolis Water System in France Avenue from W. 40th d.' Street. 00 2. 12" watermain in France'Avenue from W. 42nd Street to Sunnyside Koad, in W. 43. 42nd STreet from France Avenue to Grimes Avenue; in Grimes Avenue from W. 42nd c37 Street to Morningside Road and in Morningside Road from Grimes Avenue to France w Avenue; 3. New 8" watermain in Grimes Avenue from Pforningside Rd. to W. 44th Street; 4. New 6" watermain in W. 40th Street from Grimes Avenue to Kipling Avenue and in Branson Street from Grimes Avenue to Oakdale Avenue 5. Dead end com.ections from W. 44th Street ot W. 45th Street though park pro- perty,' in Littel Street from Lynn Avenue to Oakdale Avenue, Oakdale Avenue from W. 44th street to 4369 Oakdale Avenue, in Sunnyside Road from Tomes Road to Grimes Avenue and in grimes Avenue from Sunnyside Road to South line of Auditors' Subdivision 161. Mr. Hyde clarified that construction of this improvement is believed to be the minimum needed to improve. the Morningside area water supply and that, if it is constructed, it will be possible to determine its effect on the remainder of the area's water distribution system. without causing problems in the old, heavily tuberculated and encrusted mains in the area, necessary and desirable improvements to streets, sidewalks and lighting can be conducted without including the installation of new watermain in the entire area. Mr. Hyde added that this work should improve domestic water press- ' ures and provide 2 minimum 500 gallon per minute fire how in all parts of the Morningside area ar;d that all property served by the Minneapolis Water System is considered to be benefited by the improvement. total cost of the improvement at $386,701.90, with City of Edina Water Depart- ment funds to be used to pay for the cost of the new 16" connection to the Minneapolis Water System ($76,911.27) and the cost of new watermain to curb box house services in the area where new watermain is installed ($23,592.84). Deducting this $1001504.11 from the total estimated cost leaves $286,197.70 pro- posed to be assessed against 624 properties at an estimated rate of $458.65 per property. Mr. Frank Peterson, 4109 Kipling Avenue, was told by Hr. Dunn that there is no main on W. 40th Street from France Avenue West. Mr,. Dunn advised Mr. Robert Pem3erton, 4008 Kipling Avenue, that the school would be assessed on a connection basis. Mr. Regis Yunker, 4004.W. 42nd Street, asked that the record show that some residents on W. 42nd Street have recently paid for a watermain assessment. Mr. Yunker was advised that this should be brought up at the Assess- ment Hearing. Nr. Ronald Ringling, 4238 Crocker Avenue, representing the Morn- ingside Association, asked about a freeze for senior citizens, stating that the proposed assessment would be excessive for them. dale Ave., was given an explanation assessment. Councilman Shaw said that, under the present law, interest would not exceed 7%. early in July. No further comments were made. ment later in Minutes.) B. w If i.c increases the pressure sufficiently, Mr. Hyde presented estimated Mr. Donald Douglas, 4344 Oak- of the way interest would be figured for the Residents were told that bids for the improvement would be taken (See Resolution Ordering Improve- STORM SEWER IMPROVEMENT NO. P-ST.S-150 IN THE FOLLOWING: Back Lot lines Block 3, Viking Hill's 2nd Addition, and Block 1, Viking Hills 3rdJddition - Arctic Way to 300' East Mr. Dum recalled that this hearing had been continued from April 19, 1976, so that the City Attorney could give an opinion on whether the City of Edina is liable for possible damage due to the alleged negligence of+its agent: in grant- 5/17/76 -- ing appro;al to the plat of Viking Hills 3rd Addition and granting building p'erinits ithout determining that adequate provision had been made for drainage of surf& water. Mr. Dunn referred to a letter from Mr. Erickson in which he opined. that the City has no liability under the existing circumstances. to a meeting with Mr. Eavid NcEnary, 6119 Arctic Way, and Mr. Robert W. NoIan, 6153 Arctic Way. tfr. Dunn recommended that the project be installed as prop9sed except that the low spot is further to the North than originally designated. He advised that owners of property at 61.49 and 6151 Arctic Way could prevent 'the installation of the system which would require easements through their property, inasmuch as appraisal and attorney fees for 'condemnation proceedings would b~e too costly. Mr. Dunn added that if the easements should not be granted, the projec- could be reduced to a point where it would only solve the problem for 6153 Arctic Way by running the pipe to the East line of Lot 1 , Block 3, Viking Hills 2nd Addition. drainage easements. Mr. E. H. Crow, Jr., 6113 Arctic Way, was told that if the improvement should be cut back, the iirea proposed to be assessed would remain the same, but that the cost would probably be reduced. Councilman Richards ' expressed concern about the extkaordinary benefits proposed to be assessed against some of the properties and said that he would like to know the cost of the imprbvement if it is to be reduced. His motion to continue the hearing to June 7, 1976, to see if easements would be granted died for lack of a second. Nolan was told by Nr. Dunn that the City can require the lot of the new house at 6115 Arctic Way to be graded to conform to the plan. Mr. Dunn referred I Mr. Karl Krahl-said that'he believed that most lots a1ready"have Mr. Following considerable dis- cussion, and that meeting, granted. Ayes : Nays : Motion Councilman Courtney moved that the improvement be authorized as proposed the City Engineer report' on the status of the 'easements at the next along with the cos! of the improvement, should the easements not be Courtney, Richards, Schmidt, Shaw, Van Valkenburg None carried. Xotion was seconded by Councilman Shaw. f I (See Resolution Ordering Improvement later in Minutes.) C. STREET IMPROVEMEKT NO, P-BA-220 IN THE FOLLOWING: W. 69th Street from France Ave. to Xerxes Ave. W. 69th Street at York Avenue South side W. 69th Street from France Ave. to Xerxes Ave. D. TRAFFIC SIGNAL I$PROVE.MENT NO. P-TS-1 IN THE FOLLOWING: E. SIDEWAIK IMPROVEMENT NO. P-S-19 IN THE FOLLOWING: As requested by owners of affected properties, Councilman Shaw's motion continuing Street Improvement No. P-BA-220,'Traffic Signal fmprovement No. P-TS-1 and Side- walk Improvement No. P-s-19 until June 21, 1976, was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Councilman Courtney adoption: , thereupon offered the following resolution and moved its RESOLUTION ORDERING IMPROVEEIENTS-.-. -.. . WATERMAIN NO. WN-299 AND STORN SEVER 'ST;S-150 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owner of each parcel within the area proposed to be assessed on the following proposed improvements : 1. CONSTRUCTION OF WATERMAIN IMPROVEMENT KO. WM-299 IN THE FOLLOWING: All Morningside area presently served by Minneapolis water system . Back lot lines Block 3, Viking Hills 2nd Addition, and Block 1, Viking Hills 3rd Addition - Arctic Way to 300' East 2. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. ST.S-150 IN THE FOLLOWING: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of al-1 persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construc- tion of said improvements, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construc- tion and maintenance of such improvements; that said improvements are hereby designated and shall be referrec to in all subsequent proceedings as I . No. 1 Above WATERIUIN TNf?ROVEl4EXT NO. WM-299 No. 2 Above STOW SEWER NO. ST.S-150 and the area to be specialJy assessed for Watermain Improvement No. WM-299 shall include Parcels 1100, 20qO and 5000, Section.7, Township 28, Range 24; Lots 1. thru 12, incl., A and B Addition; Lots 1, 2 and 3, Block 1 and Lots 1 thru 11 incl., Block 2, Arden Park Addition; Lots 7 thru 50, incl., Aud$tor's Subdivision 161; Lot 11, Auditor's Subdivision 172; Lots 14 and 15, Auditor's Subdivision 319; Lot 2, White Oaks 3rd Addition; Lots 1 thru 12, incl., Block 1 and Lots 1 thru 7, incl., Block 2, Berkeley Heights Addition; Lots 1 thru 26, incl., Block 1, Lots 1 thru 26, incl., Block 2, Lots 8 thru 14, incl., and Lot 19, Block 3, Crocker 6 5f 17/76 Crowell's First Addition; Lots 3 thru 9, incl., Block 1, and Lots 1 thru 9, incl., Block' 2, Fairbairn's Rearrangement; Lots 1, 2, 11, 12, 13, 15, 16, 17 and 18, and 24 thp 29, incl., Grimes Homestead; Lots 1 thru 16, incl., Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead; Lots 1, 2 and 3, Leerskov's 1st Addition; Lots 1, 2 and 2, Macgregor's Addition; Lots 1 thru 8, incl.., Block 1 and Lots 1 thru 12, incl., Block 2, Mickelson's Re-arrangement, Morningside, Minnesota; Lots 1 thru 13, incl., Block 1, Lots 1 thru 26, incl., Block 2, Lots 1 thru 12, incl., Block 3, Minilcahda Vista Third Addition; Lots 1 and 2 ana 13 thru 95, incl., Morningside Addition; Lots 1 and 2, Block 1, and Lots 1 and 2, Block 2, - Morningside Manor; Lots 1, 2 and 3 and 8 thru 11, incl., Block 1, Lots 1 thru 9 'incl.; Block 2, and Lots 1 thru 9, incl., Block 3, Morningside Oaks Addition; Txact A, R.L.S. 517; Tracts A, By C and D, R.L.S. 549; Tract A, R.L.S. 567; Tracts A, By C, D and E, R.L.S. 650; Tract I, R.L.S. 651; Lots 1 thru 27, incl., Riley's Subdivision of Lots 3,-4, 5, 6, 7, 30 and 31, Grimes Homestead; Lots 1 thru 20, incl., William Scott's Addition; Lots 1 thru 4, incl., William Scott's Addition, Peterson Replat; Lots 1 thru 10, incl., Block 1, and Lots 1 thru 7$ incl., Block 2, Wooddale Heights Addition; and Lots 1 thru 5, incl., Wooddale Heights 2nd Addition; and the area proposed to be assessed for Storm Sewer Improve- ment No. ST.S-150 includes Lots 1 thru 8, incl., Block 3, Viking Hills 2nd Addition, and Lots 1 through 8, inclusive., Block 1, Viking Hills 3rd Addition. Notion for adoption of the resolution was seconded by Councilman Shaw. i Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . .. - Resolution adopted. .. ORDINANCE NOS. 811474 AND 811-A75 GRANTED FIRST READING. were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce advised Council that Messrs. G. William Pearson and Harliev Helle, owners of seg- ments of property located generally South of Vernon Avenue and West of Gleason Road, have gotten together and are requesting property combinations to create two lots out of four outlots snd a 10 foot strip of land. binations would be the creation of two double bungalow lots, each in excess of 15,000 square feet which has been recommended by the staff and the Planning Com- mission. Mr. Luce pointed out that lot divisions are also on the'agenda for the same properties. ordinances for First Reading: Affidavits of Notice The result of these com- No objections being heard, Councilman Shaw offered the following . ORDINANCE NO. 811-874 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by the addition of The West 10 feet of Lot 3, Block 1, Gleason's 5th Addition and Outlot B, Gleason's 5th Addition, and Outlot B, Viking Hills 4th Addition, which is in subdistrict R-2. 'I Sec. 2. publication. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto: .the following properties : This ordinance shall be in full force and effect u?on its passage and ORDINANCE NO. 811-A75 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto: the following properties : The extent of the Multiple Residence District is enlarged by the addition of 1' ~ Outlot A, Gleason's Fifth Addition and Lot 11, Block 1, Viking Hills 4th Addit ion, which is in sub-district R-2. I' Sec. 2. and publication. This ordinance shall be in full force and effect upon its passage ORDINANCE NO. 811-A76 GRANTED FIRST READING. by Clerk, approved as to form and ordered placed on file. petition of Mr. E. G. Themell for R-2 zoning for the North six feet of Lot 2, Block I, Killarney Shores, as recommended by the Planning Commission. recalled that Mr. Themell had acquired the additional six feet so that Lot 1, Block 1, Killainey Shores, would be large enough for an R-2 lot but that that property had never been rezoned as the rest of the lot. upon offered Ordinance No. 811-A76 for First Reading as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) Affidavits of Notice were presented Mr. Luce presented the Mr. Luce Councilman Richards there- OXDINANCE NO. 8 11-A76 BY ADDING TO THE MULTIPLE FBSIDENCE DISTRICT- THE CITY COUG-CIL OF THE CITY -OF EDINA, MINNESOTA, ORDAINS: 5/17/76 Section 1. "The extent of the Nultiple Residence District is enlarged by the addition of The North six feet of Lot 2, excepting the road right-of-way, Block 1, Kills? ney Shores, which is in sub-dis trict K-2. I' Sec. 2. This ordinance shall be in full force and effect upon its passage and Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto: the following properties : publication. ORDINANCE NO. 811-A72 GRANTED FIRST READING.' Councilwoman Schmidt excused her- self from this hearing. ition of Nelson Smith & Associates for C-2 Commercial District zoning €or pro- perty located at 4536 France Ave. S. (Plat 61060, Parcel 5000). Reference was made to an opinion from Mr. Ericksozl in which he concluded that there are valid reasons for the rezoning of the property or for denial of the rezoning. revgewed recommendations for approval of the rezoning subject to the following conditions : 1. Amendment of the zoning request from C-2 to 0-1 2. Elimination of the Easternnost parking space and landscaping of that area 3. That a R.L.S. or plat be submitted to simplify the property description * 4. That blacktop and permanent curb be installed in the front parking area, and 5. That a variance for reconstruction of a nonconforming use be accomplished. - .-. Mr. Luce added that the Planning Commission had given the following reasons-for its recommendation of approval: 1. area to the residential area 2. 3. Mrs. Mary Joe Aiken, 4548 France Ave. S., objected to the proposed parking variance. She also stated that the list of permitted uses in the 0-1 Office Building District was too widespread. Mr. Gregory Gustafson, attorney for the proponents, pointed out that the parking variance would eliminate the cutting of trees on the pre- mises. . appropriate landscaping to give the building a residatial appearance.. Mr. Rol- land Thompson, 4545 Meadow Road, expressed concern about the encrozchment of com- mercialism on France Ave. Mr. Luce replied that there are no definite plans for France Avenue zoning at-this time. Mr. Erickson said that the State Statutes state that the Board of Appeals or the governing body may impose conditions in the grant- ing of'vaFiancks to insure compliznce and to protect adjacent properties. clarified that in restricting the number of parking spaces, the City would be imposing a condition, rather than granting a variance and that the condition wodd apply to the property, rather than to the owner. Mr. Erickson emphasized that if the property owner should come in with a new use for the 0-1 zoning that could comply with this odd shaped lot, and he did not need a variance, then the variance 'conditions would not apply. to see a 'contract drawn up by Mr. Gustafson which would restrict the use of the property to the use of a design studio as being requested by the proponent. Gustafson said that Mr. Nelson has agreed that when he is willing to sell the pro- perty for the same purpose when he gives up his business. cussion, Councilman liichards offered the following ordinance for First Reading with the understanding that the Council receive acceptable conditions from the Board of Appeals and restrictions prepared by the proponent which would be filed and run w5th the iad before the zoning is brought back for Second Reading. 4 Mr. Luce recalled that Council had considered this pet- Mr. Luce The use is a logical extension and transition from'the existing commercial The structure is not now being used for single family purposes The present R-1 zoning is inappropriate. He added that it is proposed to sod the Easterly four stalls and put in B It was Councilman Richards said that he would like Mr. Following lengthy dis- ORDINANCE NO. 811-A72 AN ORDINANCE AEiENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE OFFICE BUILDING DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: following property: Section 1. "The extent of the Office Building District is enlarged by the addition of the That part of the SEk of the SEk of Section 7, Township 28, Range 24, described as follows: Beginning at a point on the Vest line of France Avenue S. distant 150 feet North of the South line of said Section 7; thence North along the Vest line of France Avenue S. 50 feet to a point 200 feet North of the South line of said Section 7; thence West parallel with said line' a distance of 200 feet; thence South parallel with the West line of France Avenue a distance of 50 feet to a point 150 feet North of the South line of said Section 7; thence East 200 feet to the point of beginning; the above described premises being a part of Block 20, Waveland Park and a part of Curve Avenue vacated, including any part of any street or alley adjacent to said prenises vacated or to be vacated, subject to an easement over the Easterly 30 feet, more or less, for France Avenue and sub- ject also to aa. easement for driveway purposes over the South 8 feet of the East 160 feet of the above described premises. Paragraph 1 of Section 8 of Ordinance No. 811 of the City is . 5/17/76 d.c a3 ru. p?. w. w I See. 2. and publication. MAW. NELSON FIRST ADDITION PRELIMINARY PLAT APPROVAL GRANTED. Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce advised Council that the only reason for this plat was to simplify the legal description for the 0-1 rezoning requested by Nelson Smith & Associates for 4536 France Ave. S. (Plat 61060, Parcel 5000) and recommended that no park- land dedication or cash in lieu thereof be required. Councilman Shaw thereupon pffered the following resolution for preliminary approval of the plat, with the understanding that the customary parkland dedication or cash donation be waived and moved its adoption: This ordinance shall. be in full force and effect upon its passage Affidavits of PSSOLUTION APPROVING PRELIMINARY PLAT OF MARK NELSON FIRST ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Mark Nelson First Addition, platted by Nelson Smith Associates, and presented at the Edina City Council Meeting of May 17, 1976, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Abstaining: .Schmidt Resolution adopted. (Councilwoman Schmidt returned to the meeting.) BRAENAR COURT DENIED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Luce pre- sented the petition of Mr. Richard K. Strom, 6912 Paiute Drive, for preliminary plat approval of Braemar Court which is located on a 1.4 acre site South of W. 70th Street, West of Cahill Road and South of St. Patrick's Church. He advised . that the Planning Commission had recommended denial of the plat because it believed that the proposed sixteen units would be excessive for the site and that the site should be limited to one twelve unit building. zoning ordinance provides that no building in the R-3 Multiple Residence District may contain more than twelve units and hence this subdivision is being requested . so that the developer can achieve his 16 units allowed under the Southwest Edina Plan aild under ordtnsnce requirements. the property so that he could build a nine unit apartment building on the 34,912 square fooZ lot to the North of the plat and a seven unit apartment building on the 26,400 squage foot lot on the South side of the plat and that these lot sizes are well above the minimum required for R-3 lots of 17,600 square feet. plat is denied, Council would be downgrading the zoning to less than R-3. Ericlcson pointed out that, in reviewing a plat, the Planning Commission can con- sider the Following discussion, Councilman Richards' motion to accept the Planning Commis- sions recommendation to deny the plat was seconded by Councilman Courtney. Mr. Luce pointed 'out that the If?. Strorn said that he proposes to plat Mr. Strom said that when he purchased the property nine years ago, he was .told,that he could put sixteen units on the property and that if the proposed Mr. suitability of the plat from a standpoint of community planning. Rollcall : Ayes: Courtney, Richards, Van Valkenburg' Nays: Schmidt, Shaw Motion carried. LOT 3, BLOCK 1, OUTLOT By BLOCK 1, GLEASON'S 5TH ADDITION, AND OUTLOT By VIKING HILLS 4TH ADDITION COI4BINATION AYPROVED, In accordance with action granting First Reading to the rezoning of property owned by William G. Pearson and gen- erally located South of Vernon Avenue and West of Gleason Road earlier in this meeting, Councilman Shaw offered the following resolution and moved its adoption: - WHEREAS, the following described tracts of land are now separate parcels: The West 10 feet of Lot 3, Block 1, Gleason's 5th Addition; and Outlot B, Block 1, Gleason's 5th Addition; .and Outlot By Viking Hills 4th Addition; and RESOLUTION WHEP3A5, the owners of the above tracts of land desire to subdivide said tracts of land so that the Westerly 10 feet of Lot 3, Block 1, Gleason's 5th Addition is divided from Lot 3, Block 1, Gleason's 5th Addition and combined with Outlot B, I .Block 1, Gleason's 5th Addition and with Outlot By Viking Hills 4th Addition; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as combined in the above manner do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City-of Edina Ordinance Nos. 811 and 801; 5/ 17/76 - NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina, that the conveyance and ownership of said Parcels as combined in the above I manner is hereby approved and the requirements and provisions of Ordinance 1ic:. 811 and Ordinance 801 are hereby waived to allow said division and conveyanc.e thereof as a separate tract of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that . no further subdivision be made of said Parcel unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilmart Courtney. . Rollcall : Ayes : Courtney , Richards, Schmidt, Shaw , Van Valkenburg Nayes: None Resolution adopted. OUTLOT A, BLOCK I, GLEASON'S 5TH ADDITION AND LOT 11, BLOCK I, VIKING HILLS 4TH ADDITION, CObISINATION APPROVED. In accordance with action granting First. Read- ing to the rezoning of property owned by Mr. Harleiv Helle and generally located South of Vernon Avenue and West of Gleason Road earlier in this meeting, Council- =an Shaw offered the following resolution and moved its adoption: S4HXREAS, the following described tracts of land are now separate parcels: RESOLUTION Outlot A, Block 1, Gleason's 5th Addition; and Lot 11, Block 1, Viking Hills 4th Addition; and WHEREAS, the owners of the above tracts of land desire to subdivide said tracts of land so that Outlot A, Block 1, Gleason's Fifth Addition is added to Lot 11, Viking Hills 4th Addition; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as combined in the above manner do not interfere with the purposss of the Subdivision and Zoning Regulations as contained in the City of Edina Ord- inance Nos. 811 and 801; NOW, THEZFORE, BE IT RESOLVED by the City Council of the City of Edina that che conveyance and ownership of said Parcel as combined in the above manner is hereby approved and the requirements and provisions of Ordinance Nos 188 and 801 are hereby waived to alloiq said combination and conveyance thereof as a separ- ate tract of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further sub- division be made of said Parcel unless made in compliance with the pertinent- ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. XoLion for adoption of the resolution was seconded by Councilmzin Courtney. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. ORDINANCE NO. 811-A77 GRANTED FIRST READING AND PRELIMINARY APPR9VALy Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Erickson recalled that the District Court has entered a judgment stating that the. owners of Rrahl Hill (generally located South of Vernon Avenue and West of Arctic Way) are entitled to have the zoning process proceed according to their proposed development plan and the Western Edina Plan. Mr. Erickson said that the owners have now asked that the Council again consider the application for the same Planned ResidentiaLDevelopment proposal which the Council previously denied and which the Court has said the Council must reconsirier. Mr. Erickson reviewed the steps through which the zoning must proceed under Ordinance No. 811, Sec. 5 (Planned Residential District) and said that he had so informed the proponents and their attorney. withhold preliminary approval of the development which it previously denied but the Court has ordered that it grant such approval and the order has not yet been stayed by an appeal. Mr. Erickson added that the City has commenced a coiidemna- tion of this property and that there is presently pending in the District Court a decision as to whether or not the City should be required, as a condition to proceeding with the condemnation, to post bond or other security to make sure that it pays when the award is entered by the Commissioners. that the City has filed a brief arguing that there is no need for the award now to be secured and the Court will be making a.decision on that question. fied that once that decision is made, the Court will appoint commissioners who will hear testimony- on both sides and come to a conclusion as to the value of the property. In response to a question of Mr. Crane Bodine, President of the Viking Hills Homeowners' Association, Nr. Erickson said that the City has until- June 29, 1976, to appeal the District Court decision on rezoning and that the City has not yet requested a transcript of the Court proceedings. Er. Bodine suggested that the Council is premature considering the rezoning request at this . He clarified that the Council can grant or Mr. Erickson added He clari- .! ,5 / 1 ? / 7 6 meeting, inasmuch as there is still time to appeal that decision. Mr. Ericlcson said that the condemnation is still in process and that the appeal can still be made. funds to gain final approval of the rezoning for no purpose if the condemnation Its -completed. condemnation to see what value will be established for the property. Mrs. Alison Fuhr, 6609 Brittany Road, was told that the Open Space Committee would be advised of developments in the matter. Mr. Luce advised Mr. Thomas Schneider, 6118 Arctic Way, that the Environmental Quality Commission and the Planning staff will determine - whether or not it is pertinent for then to again review the development proposal. Mr. James P. Larkin, attorney Eor the proponents, responded to comments from the audience by saying that the District Court has not ordered a new hearing or a re-hearing,*but has simply ordered judgment granting the right to rezone and that he thinks that the Council should be acting on that order. He contended that the Council should not be'going thru hearings that have already been-conducted. Mr. Erickson clarified that the Court did not say that the City would have to give up its process of rezoning and added that the City will now be obtaining, for final approval, pursuant to its ordinances, considerably more information and detail than it previously had. Mr. Erickson said that the Council could refuse to act until a decision is made on the appeal of the rezoning case, but the Court has ordered it to approve the rezoning and that order is in effect, not having yet been stayed by an appeal. until July to be in a better negotiating position for the property. Mayor Van Valkenburg said that he believes that the Council should act in good faith and proceed so that the proposal can be sent to the staff and the various bodies for review so that negotiations can continue on the condemnation. Mr. Larkin said that the Court order provides for no stay and that "foot dragging" at this time could force his clients into a position where they might have to go back to Court. Following lengthy dis&ssion, Councilman Courtney's motion granting concept approval was seconded by Councilman Shaw. He added that the developer is runn-ing the risk in expending additional Mayor Van Valkenburg said that the object is to get on with the Mr. Bodine suggested that the City should "drag its feet" I Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw,'Van Valkenburg Nays: None Motion carried. - Councilman Courtney then offered Ordinance No. 811-A77 for First Reading as follows: ORDINANCE NO. 811-A77 AN ORDINANCE AMENDING THE ZONING ORDINAXCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Planned Residential District (Sub-District PRD-3) is That part of the East half'of the Southeast Quarter of the Southwest Quarter of Section 31, .Township 117, Range 21 West of the 5th Principal Meridian des- cribed as follows: distant 30 feet East from the Southwest corner of said East half of the Southeast Quarter of the Southwest Quarter, thence Easterly along the South line of Section 31 to the Southeast comer of the Southwest Quarter of Section 31; thence Northerly along the East line of the Southwest Quarter of Section 31, to the centerline of State Highway No. 169; thence Southwesterly along said centerline to a line run Northerly from the point of beginning parallel with the West line of said East half of the Southeast Quarter of the Southwest Quarter of Section 31; thence Southerly along said parallel line to the point of beginning, which is in Sub-District PRD-3)." Sec. 2. This ordinance shall be in full force and effect upon its passage Paragraph 4 of Section 5 of Ordinance No. 811 of the City is enlarged by adding the following thereto: enlarged by the addition of the following property: ' Beginning at a point on the South line of Section 31 and publicat ion. SANITARY SEWER INPROVEMENT NO. SS-330 AND WATERMAIN IMPROVEMENT NO. IW-301 BIDS CONTINUED. As recornended by Mr. Dunn, Councilaan Courtney's motion continu- 'ing award of bids for Sanitary Sewer Improvement No. SS-330 and Watermain Improve- ment No. WM-301was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ARDEN PARK SHELTEK BIDS CONTINUED TO GUNE 7, 1976. Mr. Hyde presented tabulation of 10 bids received in response to Advercisement for Bids in the Edina Sun and in the Construction Bulletin. Tabulation showed MaBarr, Inc., low bidder at $40,995.00; Bud Johnson Construction at $42,790.00; Fetz Construction, Inc., $44,760; Keho Construction Co., $45,000.00 and McCall & Company, $55,544.00. ing advised by Mr. Rojetin that approval must he obtained Erom the Watershed District before the shelter is constructed , Councilman Richards motion continuing awakd of bids to June 7, 1976, was seconded by Councilwoman Schmidt. Be- 1 5/17/76 .. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg 1. Nays: None No tion carried. BRAEMAR BALLFIELD ELECTRICAL FIXTURES AND INSTALLATION BIDS AWARDED. Mr. Hyde presented tabulation of bids for electrical fixtures for the Braemar Park ball- field. 148/1,500 watt fixtures, R. D. Little Company at $20,986.40, Hubbell Lighting at $22,015.00 and' Widelight at $32.145.60. electrical construction (for Alternates 1, 2 and 3 showing Hilite Company low bidder at $41,220, Edina Electric Company at. $54,414, Electric Service Co. at $58,098 and Batzli Company at $66,890. , Vah Valkenburg, Mr- Dalen confirmed that the County Board had approved the pur- chase of County Road 18 right-of-way from the City. Councilman Courtney's mot- ion for award to recommended lov bidders was seconded by Councilman Shaw. Tabulation showed showed Westinghouse low bidder at $19,753.56 for He presected tabdation of bids for In response to a question.of Mayor Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays:. None Hotion carried. DEWEY HILL ROAD TRAFFIC REFEXRED TO TRAFFIC SAFETY COEIEIITTEE. Council's attention was called to a letter from Mr. Frank Dean, 5716 Dewey Hill Road,'who ex-plained that he is acting as spokesman for about five Dewey Hill Road resid- ents who are concerned about traffic on Dewey Hill Road. Mr. Dean referred#to traffic counts made by neighbors which were made between 7 a.m. and 9 p.m. for seven days which showed an average of three cars per minute. trafficxount made by the City on Dewey Hill Road near Gleason Road showed approximately the same results. area causing the problemare the intersections of County Road 18, Interstate 494, W. 78th Street and Valley View Road. that Dewey Hill Road and Valley View Road are feeder'roads, Mr. Dean said that cars are taking these roads rather than going out to TJ. 78th Street. Mr. Dean presented a plan which he said would alleviate a great deal of the problem. Jerome Nagangast, 5712 Creek Valley Road, Errs. Charlotte Burns, 5820 Dewey Hill Road, and an unidentified lady all concurred with Mr. Dean's remarks. In response to a question from the audience, Mr. Hyde recalled that Dewey Hill Road is a State Aid Road and expected to carry more traffic than a neighborhood street. Following considerable discussion, Coumilman Courtney's motion to refer the matter to the Traffic Safety Committee for its recomecdations was seconded by Councilwoman Schmidt. He added that a Mr. Dean said that he believes that the critical Stating that neighbors recognize the fact Mr. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Council expressed its appreciation to Mr. Dean for his presentation. BLOCK 3, KILLARNEY SHORE3 STORM SEWER PETITION was presented and referred to the Engineering Department for processing by motion of Councilman Courtney, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SANITARY SE~CER IMPRGVEMENT NO. ss-332 AND WATERMAIN IMPRO~E?IENT NO. WM-304 AUTH- . ORIZED ON 100% PETITION. tion of a sanitary sewer and watermain to serve 3939 I?. 50th Street had been received on May 6, 1976, signed by all owners of this property, described as that part of the East 60 feet of Lot 43, lying North of the South 189.5 feet thereof, Said petition also requested the Council to assess the entire cost against the property of such owners. following resolution and moved its adoption: Nr. Dunn reported that a petition requesting installa- Councilman Courtney thereupon offered the RESOLUTION ORDEPJNG WATEREIAIM IEIPROVEMENT NO. WM-304 AND SANITARY SEWER IMPROVEMENT NO. SS-332 UPON PETITION THEREFOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct a sanitary sewer and watermain improvement to serve 3939 W. 50th Street (that part of the East 60 feet of Lot 43 lying North of the South 189.5 feet the'reof) and to assess the entire cost against said property. 2. ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). Said improvements are hereby designated and shall be referred to in all subsequent proceedings as WATERMAIN IMPROVEMZ3T NO. !@I-304 and SANITARY SEWER IMPROVEMENT NO. SS-332. The entire cost of said improve- ments is hereby ordered to be assessed against the property where said ircprovement is to be located. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. -. The making of said improvements in accordance with said petition is hereby , *. 51 171 76 e 90 p3 w W Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. NAGGNGAST ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Luce presented Nagengast Addition for final plat approval as recommended by-the Planning Commission, and advised that all ordinance requirements have been met. No objections being heard, Councilwoman Schmidt' offerea the following resolution and moved its adopt- ion: , RESOLUTION APPROVING FINAL PLAT OF NAGENGAST ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Nagengast Addition", platted by Jerome J. Nagengast and Donna M. Nagengast, husband and wife, and presented at the Edina City Council Meeting of May 17, 1976, be and is hereby approved. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Mr. Hyde recalled that participation in the Hennepin County Public HENNEPIN COUNTY PUBLIC SAFETY COMMUNICATIONS INTERIM USER BOARD (HECO) AGmEMENT APPROVED. Safety Communications Interim User Board (HECO) had been continued from May 3, 1976, so that the cost of participation could be investigated more thoroughly. He. said that a reali,stic cost projection for Edina would be an annual operating expense of $81,000 consisting of 1978 operating costs for its current public safety dispatching system (estimated to be $65,300) and an additional $15,700 for sel- ectively routed 911 services to Edina for Edina residents. actual cost information cannot be generated at this time until the number of loca- tions and specific figancing criteria have been established for all affected units of government in Hennepin County. Councilman Courtney offered the following reso- lution and moved its adoption: ' Mr. Hyde said that RES OLUTION BE IT RESOLVED that the City of Edina enter into a Joint Powers Agreement with IIennepin Emergency Communications Organization (HECO). Motion for adoption of the Resolution Gas seconded by Councilman Shaw. R4llcall: Ayes: Courtney, Richards , Schmidt , Shaw, Van Valkenburg Nays: None Resolution adopted . I ASSOCIATION OF METROPOLITAN MUNICIPALITIES ANNUAL MEETING NOTED. tion was called to the Annual Meeting of the Association of Metropolitan Munici- palities to be held May i9, 1976 at the Golden Valley House. will be in attendance. Council generally agreed that the City should support the proposed amendment of the Association's By-laws as recorninended by the City of Inrer Grove Heights, except that voting by proxy should be permitted. formal action was taken. Council's atten- Councilman Courtney No NATIONAL CRIME PREVENTION INSTITUTE SESSIONS will be held in Louisville, Kentucky, I en.titled "Crime Prevention for Public Policy-Makers, Police Administrators and Community Representatives". The City will be represented. BOARD AND COMT4ISSION MEMBERS APPOINTED. ing the Mayor's recommendation for the following appointments was seconded by Councilman Richards: replace Mrs. Virginia Scott for a term to run to February 1, 1978, and Wendy .Weden to serve as the High School Representative for the ensuing year; Human Relations Commission - Jeanne Ratelle to serve as the High School Representative for the ensuing year. Councilwoman Schmidt's motion confirm- Environmental Quality Commission - Mr. Del M. Johnson to Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MAHAGEMEPST CONSULTANT FOR PUELIC. SAFETY SEARCH AUTHORIZED. .Hyde, Councilwoman Schmidt ' s, motion .authorizing the City Manager to proceed- to look into firms who could serve as consultants for the Department of Public Safety . As recommended by Mr . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. - TRAFFIC SAFETY COMMITTEE MINUTES OF MAY 11, 1976, APPROVED. motion was seconded by Councilman Courtney accepting the Traffic Safety Conmiittee Councilwoman Schmidt's Minutes of May 11, 1376, and approving the folhwhg: 5/ 17/76 f < 1. 2. Denial of the STOP signs at Arden Avenue and Country Club Road; Change of parking hour limits on the North Ramp to a one-hour limit on the South half of the lower level and a three hour limit on the remainder of the ramp; Installation of a NO PARKING restriction on the South side of Lexington Ave. for a distance of 100 feet East of St, John's Ave,, 3. Ayes : Courtney, Richards, Schmidt, Sliaw, Van Vallcenburg Nays: None Motion carried. HEARING DATE SET FOR STOREi SEIJER IMPROVEPENT NO. P-ST.S-151 AND STREET IMPROVEXENT NO. P-BA-221. As recommended by Mr. Hyde, Councilman Richards offered the follow- ing resolution setting hearing date for Street Improvement No. P-BA-221 and for Storm Sewer Improvement No. P-ST.S-151 for June 21, 1976 a.nd moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON STORM SEVER IEPROVEHENT NO. P-ST . S-151 AND STREET IMJ?ROVEEIENT NO. P-BA-221 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed storm sewer and street improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on tionday, June 21, 1976, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said neeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: . (Official Publication) HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARINGS PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-22 1 CITY OF EDINA AND STOM SEVER IMPROVEMENT NO. P-ST-S-151 EGINA CITY COUNCIL will meet at the Edina City Hall on Nonday, June 21, 1976, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chaptir 429. cost of said improvements are esfimated by the City as set forth below: 3. PERMANENT STREET SURFACTNG WITH CONCRETE CURB The approximate ESTIMATED COST hTD GUTTER A- IRPROVEMENT NO. P-BA-221 $ 14,757.95 Vandervork Avenue from Dlvision Street to 514' + North 2, STOE~SEWER A. IMPROVENEW NO. P-ST.S-151 $ 9,343.26 Easement line along the South line of Lot 1, Zlock 3, The Heights 5th Addition and North along the West line of said Lot I, from the S..W. corner a distance of 50' -I- The area proposed to be assessed for t:he cost of the proposed Permanent Street Surfacing with Concrete Curb and Gutter under 1 (A) above (Improvement No. P-3A- 221) includes Lots 1 thru 9, inclusive, Block 15; and Lots 14 thru 22, inclusive, Block 14. Sewer under 2(A) above (Improvement No. P-ST.S-151) 5ncludes all. lots aEd tracts of lad within the following described drainage district: on the North line of Lot 1, Block 3, The Heights Fourth Addition, which point is 30 feet West of the Northeast corner of said Lot 1; thence Southwesterly to a point on the West line of Lot 1, which point is 35 feet Nprth of the Southwest corner of said Lot 1; thence Westerly, parallel with the South line of said Block 3, to a point 2n Lot 5, said Block 3, which point is 34 feet West of the East line of said Lot 5, Block 3; tlience North to a point on the South line of Lot 5, Block 3, The Heights Fifth Addition, which point is 50 leet Vest of the Southeast corner of said Lot 5; thence Northeasterly to a point 60 feet South of the North line and 40 feet West of the East line of said Lot 5; thence East to a point on the East line or' Lot 4, Block 3, The Ifeights Fifth Addition, which point is 60 feet South of the Northeast corner of said Lot 4; thence The area proposed to bs assessed for the cost of the proposed Storm Beginning at a point Sortheasterly to a point on the East line Addition, which point is 50 feet South of . of Lot 2, Block 3, The EIeights Pifth the Northeast corner of said Lot 2; I I 5/ 17/ 76 thence Southeasterly to the point of beginning. NOTE: Lots 1 aiid 2, Block 3, The Eeights Fifth Addition to be considered for extraordinary benefit assessnient . Florence B. Hallberg City Clerk Iviotion for adoption of the resolution was seconded by Counciwoman Schmidt. Rollcall : Ayes : Nays: None Resolution adopted. Courtney, Richards, Schmidt , Shaw, Van Valkenburg TAXI CAB RATE INCREASE AUTHORIZED. As requested by the Yellow Taxi Company, Councilman Richards offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council authorizes the request of Yellow Taxi . Cab Company to increase taxi cab rates as follows: 1. From seventy-five cents (. 75) for the first one-tenth mile to seventy-five cents (.75) for the first one-twelfth of a mile. 2. From fifty cents (.50) to sixty cents (.GO) per additional mile. 3. From ten cents (.lo) for each additional one-fifth mile to ten cents (-10) for each additional one-sixth of a mile. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. ORDINANCE NO. 3111A7 ADOPTED ON SECOND READING. Xr. Hyde presented Ordinance No. 311-A7 for Second reading. that the ordinance might be too severe. man Shaw offered the following ordinance for Second Reading and moved its adoption: Mrs. Helen McClelland, 5717 Continental Drive, suggested No further discussion being heard, Council- ORDINANCE NO. 311-A7 AN ORDINANCE AMENDING ORDINANCE NO. 311 THE POUND, TO REQUIRE RETURN OF NOTICES OF QUARANTINE TO THE CITY, AND TO PRESCRIBE A PENALTY TO INCREASE THE FEES FOR REDEEMING ANIMALS FROM .. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: lows : Sec. 11. Redemption. Any animal impounded for a reason other than for being observed for ca$ies may be redeemed from the pound by an owner within the t, {me or period stated in Sec. 10 by paying to the Poundmaster the license fee for the cur- rent year if the animal is unlicensed and required to be licensed by Ordinance No. 311, an impounding fee of $25.00, a fee of $5.00 for each day the animal is con- fined in the pound as the cost of feeding, and any costs incurred for veterinarian services. Sec. 2. Section 16(h) of Ordinance No. 311 is hereby amended to add thereto the following: The owner of any animal placed in quarantine under the provisions of either of the two immediately preceeding paragraphs of this Section 1G(h) shall deliver to the City the 'Notice of Quarantine' served by the owner by the City at the time . such quarantine is established, duly completed and signed by a licensed veterin- arian. the City not earlier than 10 days, nor more than 14 days, from the date of the establishment of such quarantine ." Section 1. Section 11 of Ordinance No. 311 is hereby amended to read as fol- 11 11 The notice shall be signed by the signing veterinarian and delivered to Sec. 3. Section 26 of Ordinance No. 311 is hereby amended to read as follows: "Sec. 26. Penalties. In addition to the other penalties or fees prescribed herein, any person maintaining a nuisance as defined in this ordinance, or other- wise violating this ordinance, or owning, keeping or harboring an animal in violation of this ordinance, shall upon the first conviction thereof be punishab3.e by imprisonment for not less than 5 days nor more than 10 days, or by a fine of not less than $25.00 nor more than $300, or both, together with the cost of prosecution in either case; upon a second conviction of violation of the provisions of this ordinance, the penalty shall be inprisonment for not less than 15 days nor more than 30 days, or a fine of not less than $50.00 or more than $300.00, or both; upon a third conviction of violation of the provisions of this ordinance, the penalty shall be.inprisonment for not less than 30 days nor more than 90 days, or a fine of not less than $100.00 nor more than $300.00, or both; upon a fourth and each subsequent conviction of violation of the provisions of this ordinance, the penalty shall be inprisonnient for 90 days or a fine cif $300 or both; with, in each case the costs of prosecution added. Provided, however, that the penalty for the first and each subsequent conviction of violation of the provisions of Section 16 (h) of this ordinance involving the failure to deliver to the City the Notice of Quarantine shall be punishable by imprisoiimerit for not less than 30 days nor more 5/ 17/76 than 50 days, or by a fine costs of prosecution added % of not less than $100 nor more than $300, or both, wit11 in each case." Sec. 4. This ordinan.ce shall be in fu1.3. force and effect upon its passage and publicatlon. Motion for adoptiorr of the ordinance was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valk Nays: None Ordinance adopted. ATTEST : QM *3. 2- City Clerk . AIIERICAN RED CROSS VOLUNTEER TIWNSPORTATIOET SERVICE SUPPORTED. Council of a letter from the American Red Cross describing plans for a volunteer transportation service, and said that this service would in no way impede the volunteer operations of the City of Edina. the following resolution and moved its adoption: Mr. Hyde advised Councilwoman Schmidt thereupon offered RESOLUTION SUPPORTING RED CROSS VOLDTTEER. TRANS PORTATION SERVICE VHEREAS, the Red Cross is an organization concerned with the promotion and improvement of individual and community health and welfare; and WHEREAS, the Red Cross has proposed a Volunteer Transportation Service to be *operated in the City of Bdina; and WHEREAS, the proposed Volunteer Transportation Service will make it possible for . ambulatory persons to use medical, non-medical, and social programs and services within the community; and WIBREAS, the Red Cross has applied for a grant to provide funding to acquire the vehicles to be used for the Volunteer Transportation Service; NOW, THEREFORE, BE IT RESOLVED that the City Council and the City of Edina support the proposed Red Cross Volunteer Transportation Service and urge favorable consid- ~ ation of the grant application to provide funding for the implementation of this service. Motion for adoption of the resolution was seconded by Councilman Courtney. r . I Rollcall: Ayes: Courtney, Richard, Schmidt, Shaw, Van Valkenburg Nays: Ei'cine Ordinance adopted. /. c.' ;YuI.IE PROPERTY ACQUISITION DROPPED. the Hume property, located at 6617 South McCauley Trail, had been continued from tlr . Dalen recalled that the.bacquisition of -- the meeting of April 19, 1976. He advised that the Humes are not interested in the.sa1-e of their property at this time and recommended that -he acquisition be dropped. No fo.rma1 action was taken. METROPOLITAX COUNCIL LAND USE ADVISORY COMMITTEE DISCUSSED. advised Council that no one from the City of Edina had been appointed to the Mayor Van Valkenburg Hetropolitzfi Council Land Use Advisory Committee. BRI-MAR CORPORATION LAND TRADE WITH CITY DISCUSSED. Mr. Luce explained that the trade of the Union 76 Station site owned by the City for an equal amount of pro- perty owned by Dr. Larson adjacent to 3939 w. 50th Street has been coqpleted. Council requested an itemized statement for the $500 attorney's fee. No action was taken. THOkSOnT PROPERTY PURCHASE AGREEMENT SIGNED. J. M. Thomsons had requested that the City sign a purchase agreement, along with the option which the City has executed. Mr. Dalen advised Council that the No action was taken. CLAIMS PAID. paymerit of the following claims as per Pre-List: *General Fund, $51,466.73;1 Park, $3,136.20; Park Construction, $709.07; Swimming Pool, $92.77; Golf, $14,518.87; Arena, $4,407.17; Gun Range, $696.06; Water TJorks, $7,790.59; Sewer, $64,284.52; Liquor, $113,416.71; Construction, $64,926.59; Total, . $325,445.28. Motion of Councilman Shaw was seconded by Councilwoman Schmidt for 1 Ayes : Nays: None Mot ion carried. Courtney, Richards, Schmidt, Shav, Van Valkenburg Council's agenda having been covered, the Mayor declared the meeting adjourned. Adjournment at 10:40 p.m. a. fl,Z&&. I City Clerk